Kallapalli Satheeshkumar v. Dcb Bank Limited

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Misc. Appeal Diary No. 620 of 2023 (Arising out of I.A. 1951 of 2023 in S.A.353 of 2021 of DRT, Visakhapatnam)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

18.10.2023	Sri Kallapalli Sathee	sh Kumar … Appellant
	-Vs-
	DCB Bank Limited	… Respondent

Mr. T. Jeevan, Learned Counsel for Appellant

THE APPELLATE TRIBUNAL :

Admission

Heard the Learned Counsel for Appellant and perused the record.

The order 23^rd August, 2023 is under challenge wherein the Learned DRT, dismissing I.A. 1951 of 2023, directed the Appellant to deposit the total loan amount with interest and other costs. As would appear from the record that on 7^th April, 2022 an interim order was passed by the Learned DRT asking the applicant to deposit 25% of the notice amount within ten days and remaining balance amount in five equal monthly instalments and the Respondent, Financial Institution, was restrained from taking physical possession in pursuance of the Possession Notice dated 7^th September, 2021. In case of default, Bank would be at liberty to proceed in accordance with law. It appears that compliance of this order was not made. Fresh I.A. was filed with the assertion that 25% amount is paid. However, during the course of the hearing, Learned Counsel submits